Despite the Crown seeing no grounds to prosecute the driver, the lawyer acting for the family of killed love one Jacqueline Morton, 51, says they are now willing to pursue court action against Mr Clarke.

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CRASH: Six people were killed when the bin lorry drove along the pavement before crashing into the Millennium Hotel last December

Solicitor General Lesley Thomson QC, who is leading the inquiry, said that a private prosecution was a "rare and exceptional beast" and the development would need to be considered by the Crown.

Sheriff John Beckett said he would consider the motion for adjournment and the inquiry would hear the evidence of the other remaining witnesses in the meantime.

This is expected to last until Wednesday.

Ms Bain said it could take up to three months to establish whether a private prosecution can proceed.

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DECEASED: Jack Sweeney, who was one of the six people killed

Families of other victims have backed the private prosecution.

Mark Stewart QC, acting for the family of Erin McQuade, 18, and her grandparents Jack Sweeney, 68, and Lorraine Sweeney, 69, said they disagreed with the Crown decision not to bring a prosecution and welcomed the chance to say so in public.

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LOVED: Lorraine Sweeney, left, and her granddaughter Erin McQuade

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FAMILY: Jacqueline and Matthew McQuade, parents of Erin

Mr Stewart said the family wished to reserve the right to prosecute anyone 'carrying personal responsibility' for the deaths.

Alistair Forsyth, for the family of Gillian Ewing, 52, from Edinburgh, backed the pause for prosecution.

But Ronald Conway, acting for relatives of victim Stephenie Tait, 29, from Glasgow, said they will not be involved in any private prosecution.

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DISAGREEMENT: Stephenie Tait

He said: "Telling lies is not a crime. Telling lies to the medical profession is not a crime."

The lawyer said the Taits recognised the right of others to bring a prosecution, however.

Mr Clarke is expected to give evidence at the inquiry in the tragedy, which is already in its fifth week.